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HomeMy WebLinkAbout21-791PROJECT NO. CONTRACT TYPE DEVELOPMENT CONTRACT FOR PUBLIC IMPROVEMENTS WHEREAS, , (the “Developer”), whose business address is , is the owner and developer of real property located in the corporate limits of the City of Denton being described as , (the “Development”), an addition to the City of Denton, Texas; and WHEREAS, Developer wishes to enter into this agreement with the City of Denton, Texas (the “City) to provide for the construction of certain public improvements generally described as the , (the “Public Improvements”), as further described in Exhibit A attached hereto and made a part hereof by reference, which, among other things, are necessitated by and will serve the Development; and WHEREAS, this agreement is entered into pursuant to Subchapter C of Chapter 212 of the Texas Local Government Code as a condition of plat approval and the Public Improvements are roughly proportional to the benefits received and burdens imposed by the Development; and WHEREAS, this agreement is required to ensure that the Public Improvements are constructed in accordance with the City’s standard specifications for public works projects, applicable ordinances and design criteria manuals (“Standard Specifications”), and the plans and specifications prepared by Developer’s engineer, (“Developer’s Engineer”) dated , which were approved by the City and are on file in the office of the City Engineer, which may be amended with the written approval of the City Engineer or their designee (the “Project Page 1 of 9 C:\Users\2421001\Desktop\DC CONTRACTS\Contracts for Applicant\word documents\Development Contract.docx PCM20-0066 Paving / Utilities Sagebrook Denton LP, a Texas Limited Partnership 218 W Wall Street, Grapevine, TX 76051 Sagebrook (1 & 2A) Utility & Paving Improvements Corwin Engineering 08/04/2021 DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DEVELOPMENT CONTRACT Page 9 of 9 CITY OF DENTON SARA HENSLEY, INTERIM CITY MANAGER BY: ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY BY: THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED As to financial and operational obligations and business terms. SIGNATURE PRINTED NAME TITLE DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA Director of Capital Projects/City Engineer Rebecca Diviney DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA PCM20-0066301 E. Fourth Street, Cincinnati, OH 452021880 Crown Road, Dallas, TX 75234DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA Bobby GordonDocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA PCM20-0066DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA 2021August19thDocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA DocuSign Envelope ID: 61A270B7-984C-4CAD-AD5E-BDFEAEA3D7CA PCM23-0050 PROJECT NO. CEP22-0064 CONTRACT TYPE Paving/Utilities DEVELOPMENT CONTRACT FOR PUBLIC IMPROVEMENTS Sagebrook Denton LP, a Texas Limited Partnership WHEREAS, BY: SBD General, LLC, Its General Partner , (the "Developer''), whose business address is 218 W Wall Street, Grapevine, TX 76051 , is the owner and developer of real property located m the corporate limits of the City of Denton being described as _S_a...!::g'-e_br_o_ok__,_(2_&_2_B-') ____ ,, (the "Development"), an addition to the City of Denton, Texas; and WHEREAS, Developer wishes to enter into this agreement with the City ofDenton, Texas (the "City) to provide for the construction of certain public improvements generally described as the ..::U:..::ti.::..:lit:L.y..:::&:...:..P..::a:..:..:vi:.:..:.ng~lm~p:..:..:ro~v..:::em=en..:..::ts=-----• (the "Public Improvements''), as further descnbed in Exhibit A attached hereto and made a part hereof by reference, which, among other things, are necessitated by and will serve the Development; and WHEREAS, this agreement is entered into pursuant to Subchapter C of Chapter 212 ofthe Texas Local Government Code as a condition of plat approval and the Public Improvements are roughly proportional to the benefits received and burdens imposed by the Development; and WHEREAS, this agreement is required to ensure that the Public Improvements are constructed in accordance with the City's standard specifications for public works projects, applicable ordinances and design criteria manuals ("Standard Specifications''), and the plans and specifications prepared by Developer's engineer, Corwin Engineering, Inc. ("Developer's Engineer'') dated 10/31/2023 , which were approved by the City and are on file in the office of the City Engineer, which may be amended with the written approval of the City Engineer or their designee (the "Project Page 1 of9 C:\Users\2421001\Desktop\DC CONTRACfS\Contracts for Applicant\word docurnents\Development Contract.docx DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F DEVELOPMENT CONTRACT Specifications"), such Standa:rd Specifications and Project Specifications being incorporated herein by reference and herein called the ''Plans and Specifications"; and WHEREAS, the Developer understands and agrees that it is responsible for and has retained at its sole expense, the Developer's Engineer to design the Public Improvements in accordance with the Standard Specifications, taking into consideration the specific site conditions that may impact the Public Improvements; and WHEREAS, the Developer shall provide for the construction of the Public hnprovements by and through _L.H. Lacy Company, Ltd. : (the "Contractor''), whose address is 1880 Crown Drive. Ste. 1200, Dallas. TX 75234 a construction contractor experienced in the construction of improvements similar to the Public Improvements, and WHEREAS, Developer and Contractor recognize that the City has an interest in ensuring that the Public Improvements, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the Plans and Specifications and that payment by Developer is provided therefor, NOW, THEREFORE, The Developer, Contractor, and City (the ''Parties") in consideration of their mutual promises and covenants contained herein_agree as .follows: __ _ 1. Coyenanq gfDeyelsmer and. Qlntractgr. (a) Construction. Contractor shall construct the Public Improvements in accordance with the Plans and Specifications and complete the Public Improvements on or before March 31. 2025 . Developer shall be responsible for all monies due to the Contractor for construction of the Public Improvements. In no event shall the City be responsible for payment of any of the expenses or costs to construct the Public Improvements. The City Engineer Page2of9 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F DEVELOPMENT CONTRACT in th~ir discretion may require the Developer to provide security for payments to the Contractor, which may be in the form of a cash deposit with the City, a letter of credit, a dedicated construction account with a lending institution approved by the City Engineer, or other security that the City Engineer in their discretion deems adequate to ensure that the Developer does not default in its payment obligations to the Contractor. (b) Authority of City EnKineer. Inspections, Tests and Orders, Developer and Contractor Warranty. All work on the Public hnprovements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or their representative. The City Engineer shall decide all questions, which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation ofthe Plans and Specifications and may reject any work not performed in accordance with the Plans and Specifications. The Contractor, its surety on the performance bond required herein and the Developer, warrant that the Public hnprovements will be free from defects in materials and workmanship and that they will pay to remedy same for a period of two years after the completion of the Public hnprovements and final acceptance by the City. This warranty shall not constitute a limitation on the duty to remedy latent defects in construction that were not known at the time of final acceptance or within said two year warranty period. The Contractor shall furnish the City Engineer or their representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the Plans and Specifications applicable thereto. Page3 of9 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F DEVELOPMENT CONfRACT (c) (d) Any work done, or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. The City Engineer or their designee shall perform periodic inspections of the work and shall perform a final inspection prior to final acceptance by the City and an inspection 30 days prior to the expiration of two years from the date of final completion and acceptance of the work by the City. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City Engineer or their representative, the City Engineer shall notifY the Developer of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Public Improvements and the City may withhold, suspend or revoke any permits or other approvals for the Development until such matter is remedied to the satisfaction of the City Engineer. Insurance. Contractor shall provide for insurance in form and in substance in accordance with the City's standard insurance requirements for public works projects, which are on file in the Office of the City Engineer and which are incorporated herein by reference. M~ns and Methods of Construction. The means and methods of construction shall be such as Contractor may choose; subject, however, to the City's right to reject the Public Improvements for which the means or method Page4 of9 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F DEVELOPMrnNTCONTRACT of construction does not, in the judgment of the City Engineer, assure that the Public Improvements are constructed in accordance with Plans and Specifications. (e) Books and Records. All of the Developer's and the Contractor's books and other records related to the construction of the Public Improvements shall be available for inspection by the City. (f) Performance Bonds. The Contractor shall execute a performance bond in the (g) full amount of the cost to construct the Public Improvements in favor of the City ensuring completion of the Public Improvements in accordance with the Plans and Specifications and warranting against defects in materials and workmanship for a period of two years from the date of final acceptance by the City as provided in 1 (b) herein. The performance bond shall be executed by a corporate surety authorized to do business in Texas in accordance with Chapter 2253 of the Texas Government Code, shall be on the City's standard form, and shall contain a local resident agent for service of process. The Developer may be a co-obligee on the performance bond with regard to the Contractor's obligations. Payment Bonds. The Contractor shall execute a payment bond in the full amount of the cost to construct the Improvements in favor of the City insuring against claims from suppliers and subcontractors. The payment bond shall be executed by a corporate surety authorized to do business in Texas in accordance with Chapter 2253 of the Texas Government Code, shall be on the City's standard form, and shall contain a local resident agent for service of process. Owner and Developer may be co-obligees on the payment bond. Page 5 of9 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F DEVELOPMENT CONTRACT (h) Retainw: Final P31:men1s. As security for the faithful completion of the Public Improvements, Contractor and Developer agree that the Developer shall retain ten (10) percent of the total dollar amountofthe contract price until after final approval or acceptance of the Public Improvements by the City. The Developer shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the Developer satisfactory evidence including an affidavit that all indebtedness has been paid, that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. In addition, Contractor shall provide Developer with a consent to final payment from the payment bond surety. (i) Encumbrances. Upon completion and final acceptance of the Public Improvements by the City, the Public Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Public Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Public Improvements, or land dedicated to the City, to which they are affixed, the Developer and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. INDEMNIF!CATIQN. THE DEVELOPER AND CONfRACTOR SHALLAND HEREBY DO INDEMNIFY, DEFEND AND SAVE Page 6 of9 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F DEVELOPMffiNTCONTRACT 2. (k) HARMLESS, THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, NAME AND DESCRIPTION BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED AS SUSTAINED BY ANY PERSON, PERSONS OR PROPERTY ON ACCOUNT OF THE OPERATIONS OF THE CONTRACTOR, THEIR AGENTS, EMPLOYEES OR SUBCONTRACTORS; OR ON ACCOUNT OF ANY NEGLIGENT ACT OF FAULT OF THE CONTRACTOR, THEIR AGENTS, EMPLOYEES OR SUBCONTRACTORS IN CONSTRUCTION OF THE IMPROVEMENTS; AND SHALL PAY ANY JUDGMENT, WITH COSTS, WinCH MAY BE OBTAINED AGAINST THE CITY GROWING OUT OF SUCH INJURY OR DAMAGE. Aueement Controllin2. The provisions of this agreement shall control over any conflicting provision of any contract between the Developer and Contractor as to the construction of the Public Improvements. Covenants of City of Denton, Upon proper completion of the Public Improvements in accordance with this agreement, the City agrees to accept the Public Improvements. 3. Nexus and Bou!!h PrQportionality. The Developer acknowledges and agrees that there is a reasonable nexus between the demands created by the Development and the Public Improvements, and that the costs associated with the construction and dedication of land for the Public Improvements is roughly proportional to the benefits received and Page 7 of9 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F DEVELOPMENT CONTRACT the burdens imposed by the Development. The Developer shall indemnify and hold the City harmless against any claim by it or others claiming through it, that the required Public Improvements and associated dedication of land are unlawful exactions. 4. Venue and Governin~: Law. The Parties herein agree that this agreement shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this agreement shall be construed in accordance with the laws and court decisions of the State of Texas. 5. Successor and Assi~ros. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. /~ / J Executed this, & -day of _ ____,_Y-=E.'-"'&=L...:...-____ ,, 202--'f • DEVELOPER ::e: ~too LP, "'"'" l~m'" Porto~hlp BY: SBD """'"'· LLC, ,_ """"' Po;m" -~rt Betancur Title: Vice President Address: 218 W Wall Street, Grapevine, Tx 76051 CONTRACTOR Name: L.H. Lacy Corrpany, Ltd. By: ___ ~--+J~:=-:~~--Name:W~'" ------- Title: President Address: 1880 Crown Drive, Ste. 1200. Dallas Tx 75234 Page 8 of9 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F DEVELOPMENT CONTRACT CITY OF DENTON SARA HENSLEY, CITY MANAGER BY: ____________ _ ATTEST: JESUSSALAZAR,CffYSECRETARY BY: ________________________ __ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED As to financial and operational obligations and business terms. SIGNATURE PRINTED NAME TITLE Page 9 of9 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F Brett Bourgeois Deputy City Engineer Tracked Project Number I Project Number: Review#: Date of Review: Based off Approved Plans Dated: Review Status: Contractor: L.H. Lacy Company, Ltd. Address: 1880 Crown Road Dallas, Tx 75234 Phone#: 214-357-0146 Fax#: Email: bdrake@ lhlac'r'.com Bid Date: 10/11/2023 EXHIBIT A PROJECT: Sagebrook 2 and 28 PROJECT NUMBER PCM23-0050 OPINION OF PROBABLE CONSTRUCTION COST Onsite Paving: Description QTY UNIT UNIT PRICE 7" Reinforced Concrete Pavement 18171 SY $ 52.37 8" Stabilized Subgrade 19342 SY $ 3.88 Street Header 3 EA $ 433.81 Lime for Stabilization (42#/SY) 406 TN $ 298.94 7" Temp Access Rd 521 SY $ 57.70 5"-5' Sidewalk (interior & perimeter 1406 SF $ 8.97 5"-6' Multi Use Trail 3709 SF $ 9.20 Type 1A Barrier Free Ramps 6 EA $ 2,600.54 Type 1B Barrier Free Ramps 6 EA $ 2,655.30 Ty_pe II Barrier Free Ram_l)s 6 EA $ 2,634.10 Dead End Barricade 3 EA s 1,6S3.60 Street Names & Stop Signs 1 LS s 7,600.00 Onsite Paving Subtotal: Offsite Paving: Description QTY UNIT UNIT PRICE 10" Reinf. Cone. Pvmt. 4913 SY s 72.09 12" Stabilized Subgrade 5281 SY $ 4.92 Lime 63 #/SY 166 TN $ 298.92 Street Header 2 EA $ 65S.32 Street Barricade 1 EA $ 1,653.60 Transition Grade from Existing 1 LS $ 1,457.50 Non-Reinforced Cone. Transition 22 SY $ 76.68 Striping (incl Ex striping adjustments) 1 LS $ 9,67S.OO 6" -8' Sidewalk 10581 SF $ 9.60 Offsite Paving Subtotal: Storm Sewer: Description QTY UNIT UNIT PRICE 42" RCP 75 L.F. $ 218.13 39" RCP 117 L.F. $ 206.03 36" RCP 95 L.F. $ 160.03 30" RCP 891 L.F. $ 119.40 PCM23-0050 2 1/24/2024 12/19/2023 No Exceptions Taken TOTAL $ 951,615.27 $ 75,046.96 $ 1,301.43 $ 121,369.64 $ 30,061.70 $ 12,611.82 $ 34,122.80 $ 15,603.24 $ 15,931.80 $ 15,804.60 $ 4,960.80 $ 7,600.00 $ 1,286,030.06 TOTAL $ 354,178.17 $ 25,982.52 $ 49,620.72 $ 1,310.64 $ 1,653.60 $ 1,457.50 $ 1,686.96 $ 9,675.00 $ 101,S77.60 $ 547,142.71 TOTAL $ 16,359.75 $ 24,105.51 $ 15,202.85 $ 106,385.40 No Exceptions Taken :.-::=... ---~':!'== __ .,:.:r=:...~----= .. ,:-~:.-:.:-~.::.. .. .. _. .. ~ ..... -·-~­------........ --·:=::.::.:.:...--~· --·~ --- DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F 24" RCP 1376 L.F. $ 90.76 $ 124,885.76 18" RCP 1900 L.F. $ 72.80 $ 138,320.00 Grade-to-Drain 961 L.F. $ 10.18 $ 9,782.98 S'X4' Junction Box 2 EA. $ 6,108.58 $ 12,217.16 4X4' Junction Box 22 EA. $ 4,801.50 $ 105,633.00 10' Curb Inlet 32 EA. $ 6,295.30 $ 201,449.60 10' Rec. Inlet 4 EA. $ 6,562.05 $ 26,248.20 TI<DDT CH-FW-0 Headwall @ 12+80 2 EA. $ 6,722.10 $ 13,444.20 Outfall Structure@ 0+77line 'D-10' 1 EA. $ 5,150.50 $ 5,150.50 Safety End Treatment @ O+llline '[ 2 EA. $ 3,441.08 $ 6,882.16 Remove Existing Headwall 2 EA. $ 812.60 $ 1,625.20 Remove 30" RCP Plug 1 EA. $ 195.76 $ 195.76 Remove 36" RCP Plug 1 EA. $ 195.76 $ 195.76 Remove Exisitng PVC Pipe@ Lines 'D 2 EA. $ 507.05 $ 1,014.10 Connect to Existing 39" RCP 1 EA. $ 1,026.00 $ 1,026.00 Connect to Existing 36" RCP 1 EA. $ 975.79 $ 975.79 Connect to Existing 30" RCP 2 EA. $ 932.63 $ 1,865.26 Rip Rap 53 S.Y. $ 125.91 $ 6,673.23 Flexamat Pilot Channel 966 S.F. $ 12.27 $ 11,852.82 16'x20' Spillway w 8" Toewalln (4" 1 thick 3x18" OCEW) EA. $ 9,250.00 $ 9,250.00 1 Contech CDS-4045-8-C (in lieu of 7 1 Vortsentry) EA. $ 68,800.00 $ 68,800.00 Storm Sewer Subtotal: $ 909,540.99 Sanitary Sewer: Description QTY UNIT UNIT PRICE TOTAL 8" Sewer SDR-35 5153 L.F. $ 55.84 $ 287,743.52 4' Diameter Manhole 22 L.F. $ 5,791.31 $ 127,408.82 12" Steel Casing Pipe (8" sewer) 38 lf $ 155.00 $ 5,890.00 Tie To Existing 8" Sewer 1 EA. $ 1,138.33 $ 1,138.33 Tie to Existing Manhole 3 EA. $ 1,976.46 $ 5,929.38 8" Plug 1 EA. $ 52.28 $ 52.28 Sewer Services 146 EA. $ 1,273.45 $ 185,923.70 Testing 5153 L.F. $ 1.81 $ 9,326.93 Trench Safety 5153 L.S. $ 0.79 $ 4,070.87 Sanitary Sewer Subtotal: $ 627,483.83 Water: Description QTY UNIT UNIT PRICE TOTAL 8" Water pipe (PVC) 5490 L.F. $ 51.85 $ 284,656.50 Tie To Existing 8" Water 5 L.F. $ 1,412.58 $ 7,062.90 Fittings 1 l.S. $ 44,096.18 $ 44,096.18 8" Valve 27 EA. $ 2,169.09 $ 58,565.43 6" Valve 12 EA. $ 1,567.70 $ 18,812.40 Fire Hydrant with 6" Lead 12 EA. $ 4,678.72 $ 56,144.64 24" x 8" Tapping Sleeve 1 EA $ 7,897.94 $ 7,897.94 Water Main Termination Assembly 1 EA $ 6,947.24 $ 6,947.24 Water Services 146 L.S. $ 1,513.42 $ 220,959.32 Testing & Chlorination 5490 l.F. $ 1.66 $ 9,113.40 Trench Safety 5490 L.F. $ 0.33 $ 1,811.70 Water Subtotal: $ 716,067.65 Total $ 4,086,265.24 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F Effective December 1", 2003 Bond No. 5316963 PCM23-0050 PROJECT NO. CEP22-0064 CONTRACT TYPE Paving/Utilities PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTYOFDENTON § That l.H. Lacy Company, Ltd. 1880 Crown Drive, Suite 1200, Dallas, TX 75234 of Dallas County, Texas, hereinafter called Principal and __ _ Great American Insurance Company 301 E. Fourth St., Cincinnati, OH 45202 a Corporation organized under the laws of the State of _O=..;h""i"'"o _______ and authorized to do business in the State of Texas, hereinafter called "Surety'', are held and finnly bound unto the City of Denton, Texas, a Municipal Cotparation, in Denton County, Texas, hereinafter called "City" in the Four Million Eighty Six Thousand Two penal sum of Hundred Sixty Five Dollars & 241100-($ . ....;4~08o~~oo6u2;.w6:.Lo5£24:t.-_____ ....~.) dollars, lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents: TilE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated the ~ .,._ _day of :f 4,., "'2; . 20 _;;I i , in the proper perfunnance of which the City of Denton has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: Utility & Paving Improvements for Sagebrook (2 & 28) Page 1 of3 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F PERFORMANCE BOND NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the undertakings, covenants, tenns, conditions, and agreements of said Contract in accordance with the Plans, Specifications, and Contract Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, and during the life of any guaranty required under the Contract, which is incorporated, as if written word for word herein, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and all authorized modifications of said Contract that may hereafter be made including, without limitation, to remedy and pay for any defects in material and workmanship or damage to other work or facilities which shall appear within two years from the date of final completion notice of which modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. Page2 of3 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F PERFORMANCE BOND IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall t, ...t&-.. day of ...--; be deemed an original, this the r o r:.t "'1" . 20 _lj__. PRINCIPAL SURETY L.H. Lacy Company, Ltd. Great American Insurance Company BY: ATTEST: SECRETARY NOTE: ~ Bobby Go'd.;;;-'""-- BY: A ITORNEY -IN-FACT David T. Micletta POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT DATE OF POWER OF ATTORNEY. CERTIFICATION MUST NOT BE PRIOR TO DATE OF CONTRACTOR BOND. Page 3 of 3 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F Bond No. 5316963 PCM23-00SO Effective December 1", 2003 PROJECT NO. CEP22-0064 CONTRACT TYPE Paving/Utilities PAYMENT BOND THE STATE OF TEXAS § COUNTY OF DENTON § 1 KNOW ALL M~]'! BY THESE PRESENTS: l ep,o en~ tzn\ft' Sit.. ~o ]2!U ~~ \X 't?' '5'~ of the City of----'D;_;_al=las~-- That L.H. Lacy Company. Ltd. County of __::D::..::a::.::lla::.::s:.__ ______ , and the State of __ T_e_xa_s ____________ , as principal, and Great American Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of Denton, OWNER, in the penal sum of Four Million Eighty Six Thousand Two Hundred Sixty Five & 24/100-dollars ($....:4-'-', 00=6,=..;26;.::5;.;.;;.2;...;.4 ______ _,) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, l .~ -c-1 dated the __ \P"'--__ day of_T?t>...!...,;;;;..,·...:::"':.:;c;'):....lJr''-----20 ~. Utility & Paving Improvements for Sagebrook (2 & 28) to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F PAYMENT BOND in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. .. .. .. . . . Surety, fpr value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Page 2 of3 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this l.h. f'""l instrument this __ u~ __ day of _ _..:..t....,_v,_r___;"'~"'*"------·20 dj L.H. Lacy Company, Ltd. Great American Insurance Company PRINCIPAL SURETY BY: ____ ~,__...,.__-__ TITLE: ___ p.._.['(,!..-..:~.M..:·-'='L=~tt-. --- BY: TITLE: _o_aV1-·d_T_. M_i_cle_tt_e._A_uo_m_e_y--in-r-ilct ADDRESS: '1880 Crown Drive, Suite 1200 ADDRESS: 301 E. Fourth Street Dallas, TX 75234 Cincimati, OH 45202 (SEAL) The name and address of the Resident Agent of Surety is: Bowen. Midette & Britt Insurance Agency, LLC 2800 N. loop West. Suite 1100. Houston. TX 77092 Page 3 of3 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513·369·5000 • FAX 513·723·2740 The number of persons authorized by this pov.er of attorney is not more than Fourteen No. 0 22183 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, acorporattonorganized and existmg under and by virtue of the laws of the State of Ohio. does hereby nommate. consttlute and appomt the person or persons named below. each mdividually tfmore than one ts named, its true and lawful attomey-m-fact, for tl and in its name. place and stead to execute on behalf of the satd Company, as surety, any and all bonds, undenakmgs and contracts of suretyshtp, or llther wntten obligattons in the nature thereo[ provided that the ltabiltty of the satd Company on any such bond, undertakmg or contract of suretyshtp executed under thts authonty shall not exceed the ltmtt stated below Name Address Limit of Power Stacey Bosley Nikole Jeannette Lucas Lomax All Ashley Britt David T. Miclette Norma Toups $100,000,000 Jennifer Mitchell Lacey Hitchcock Will Duke Robert M. Overbey, Jr. All of Rita G. Gulizo Stacy Owens Houston, Texas Robert C. Davis Barry K. McCord This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WIT!'IESS WHEREOF the GREAT AMERICAN I!IISL'RANCE COMPANY has caused these presents to be stgned and attested by tis appropmte officers and its corporate seal hereunto affixed thts 18th day of September 2023 """ 4;c C. ~ GREATAMPRIC /# ~ 7~ AsHstunt Stc~tory /)1\'lswnol St!nwr ~ic~ Pnmdt!nt STATE OF OHIO. cou~TY OF HAMILTON • ss MARK V'CAAIO 1•n-m-2•os: On thts 1 Sth day of September , 2023 • before me person all)' appeared \1 ARK VICARIO. to me known, bemg duly sworn, deposes dnd says that he res1des m Cmcmnati, Ohio, that he is a D1v1sional Sen1or Vtce Prestdent of the Rond DivisiOn of Great American Insurance Comp~n)', the Company described m and whtch executed the above mstrument, that he knows the seal of the satd Com pan)'. that the seal affixed to the said instrument IS such corporate seal, that 1t was so affixed by authonty ofhts office under the By-laws of said Company, and that he signed his name thereto by I ike authonty SUSAN A KOHORST Notary Public State of Ohio My Comm. Expires May 11,2015 ThiS Power of Attorney IS granted b)' authonty of the followmg resoluttons adopted by the Board ofDtrectors of Great Amencan Insurance Company by unantmous written consent dated June 9, 2008 RESOLVED: That the Dtvutonal Prestdent the several Dtvwonal Semor VICe Pre.<~dems, Dtvtstonal Vice Prestdents and Dtvtsonal Asststant Ike Pre.<tdents, or any one of them, be a11d ltereby ts aurhort=ed. from time to rtme. to appotnt one or more .4rtorney.Hn-Fact to execute on behalf of the r ompan> a< sure I}~ any and all bonds. undertakmgs and colllracts of sureryslup. or other wriT/en obligations m the nature thereof. to prescnbe the1r respecrtve duttes and the respective ilm11s ofthell' aurhorrty, and ro revoke any such appomtment ar any ume RESOLVED FllRTHER That rhe Company seal and the stgnature of any of the aforesaid officers and any Secretary or Assistant SecrttaJ)' of the Company may be affited by jacs1mrle to any po1rer of auorne.v or cert!{1cate of either g1venjor rhe execution of any bond. underrakmg. contract of sw·erysh1p. or other wr/1/en obbgatwn m the nature thereof such .<~gnarure and <eal when so u.<ed being hereby adapted by the Campan.v as the ortgmal s1gnarure of such officer and the ongmal seal ojrhe Company. robe valid and bmdmg upon the Company w1th rhe same force and effect as rhough manually affi~ed. CERTIFICATIO\' I. STEPHEN C BERAHA., Assistant Secretar~ of Great Amencan Insurance Company. do hereb) ceruty that the foregotng Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now m full force and effect J . StgnedandsealedthtS lo~ dayof fe.\xu.clV"{ . ~Jt' De_ C --/~ . .5 ____ Ass1.stunt .r..·rc.rcfal}' S • 029A>< (03/JO) DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F ~ G REATAMERICAN. INSURANCE GROUP IMPORTANT NOTICE: Great American Insurance Company of New York Great American Alliance Insurance Company Great American Insurance Company To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain infonnation on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department oflnsurance at: P.O. Box 149104 Austin, TX 78714-9091 FAX: 1-512-490-1007 Your notice of claim against the attached bond may be given to the surety company that issued the bond by sending it by certified or registered mail to the following address: Mailing Address: Physical Address: Great American Insurance Company P.O. Box 2119 Cincinnati, Ohio 45202 Great American Insurance Company 301 E. Fourth Street Cincinnati. Ohio 45202 You may also contact the Great American Insurance Company Claim oftice by: Fax: Telephone: Email: l-888-290-3706 1-513-369-5091 BondC1aims@GAIG.COM PREM IUM OR CLAIM DISPUTES: Jfyou have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim. you should contact the company first. If th e dispute is not resolved, you may contact the Texas Department oflnsurance. ATTACH THIS SOTICE TO YOUR BOND : This notice is for information only and does not become a part or condition of the attached document. · F 9667A {06/22) DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F AC5!-RD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 212312024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(&). PRODUCER 1 ~¥.l~~'"'' Sara Cunnll}gham Bowen, Miclette & Britt Insurance Agency, LLC ~g~o. Exll: 713-880-7100 I r~ Nol: 713-880-7166 2800 North Loop West, Suite 1100 Houston TX 77092 ~~D~ss: scunninQham@bmbinc.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Amerisure Insurance Company 19488 INSURED LHLACYCOMP INSURER B : Amerisure Mutual Insurance Company 23396 L.H. Lacy Company, Ltd. INSURER c : Great American Ins Co 16691 1880 Crown Dr, Suite 1200 Dallas TX 75234 INSURERD : INSURER I!.: INSURERF: COVERAGES CERTIFICATE NUMBER· 175629466 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD ~~ ~~~M~~ ~~~a~~ LTR INSD POLICY NUMBER LIMITS A X COMMERCIAL GENERAL LIABILITY y y CPP20675291501 21112024 21112025 EACH OCCURRENCE $1,000,000 -0 CLAIMS-MADE 0 OCCUR j~~a~1H?E~~~~~ncet -$1,000,000 -MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY -s 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2.000,000 y POLICY 0 ~~8r 0 LOC PRODUCTS · COM PlOP AGG $2.000.000 OTHER. $ B AUTOMOBILE UABIUTY y y CA206752B 1402 21112024 21112025 Ji&MBINED SINGLE LIMIT $1000.000 7 accident ANY AUTO BODILY INJURY (Per person) $ r--ALL OWNED ,.--SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ 7 ex --HIRED AUTOS NON-OWNED r:~~~cf~t?AMAGE $ r--r--AUTOS $ B X UMBRELLA LIAB ~j OCCUR y y CU21165750302 211/2024 2/112025 t EACH OCCURRENCE $2.000 000 I--EXCESSUAB CLAIMS-MADE I I AGGREGATE s 2.000.000 DED I X I RETENTION$ 0 I s A WORKERS COMPENSATION y WC:20675301401 211/2024 2/112025 X i ~f~TUTE I 1 OTH· AND EMPLOYERS' UABILilY I ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE [EJ NIA E.l. EACH ACCIDENT $1,000.000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE • EA EMPLOYEE $1.000.000 If yes. describe under DESCRIPTION OF OPERATIONS below J E L DISEASE· POLICY LIMIT s 1,000,000 c 2nd Layer Excess liability y y TUE019900513 211/2024 2/112025 Per Occurrence 9,000.000 Aggregate 9,000.000 I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) 3rd Lader Excess Liability-EX-3W712990-24-NF-Travelers Property Casualty Co of America (0210112024-0210112025) Each ccurrence $4,000,000; Aggregate $4,000,000 The following policy provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance. The terms contained in the policies and/or endorsements supersede the representations made herein. Electronic copies of the policy provisions and/or endorsements listed below are available by emailing Contact Person shown above. See Attached ... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Denton 601 East Hickory Street AUTHORIZED REPRESENTATIVE Denton TX 76205 ~~~ I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F AGENCYCUSTOMERID:~L~H~LA~C~Y~C~O_M_P ________________________ __ LOC#: ____________ __ ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Bowen, Miclette & Britt Insurance Agency, LLC L.H. Lacy Company, Ltd. 1880 Crown Dr, Suite 1200 POUCY NUMBER Dallas TX 75234 CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability: Blanket additional insured Ongoing Operations per form # CG7324 03/23 Blanket additional insured Completed Operations per form # CG7324 03/23 Blanket waiver of subrogation per form #CG 70 63 04 17 Blanket primary/non-contributory per form # CG7324 03/23 Automobile: Blanket additional insured per form #CA 71 18 11 09 Blanket waiver of subrogation per form #CA 71 18 11 09 Blanket primary/non-contributory per form #CA 71 65 1 0 07 Worker's Compensation: Blanket waiver of subrogation per form #WC 42 03 04 B Umbrella Liability: Blanket additional insured per form# CU0001 04/13 Blanket waiver of subrogation per form# CU0001 04/13 Blanket primary/non-contributory per form# CU7467 03/23 2nd Layer Excess Liability: Blanket additional insured per form #TAU 9500 11 97 Blanket waiver of subrogation per form# TAU 9999 11 97 Blanket primary/non-contributory per form # TAU 9999 11 97 3rd Layer Excess Liability: Blanket additional insured per form #XP 00 01 05 14 Blanket waiver of subrogation per form #XP 00 91 10 16 Blanket primary/non-contributory per form #XP 01 65 02 14 Project: Utility and Paving Improvements for Sagebrook Ph 2 & 2B Page of ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET FLEX ADDITIONAL INSURED ENDORSEMENT-FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number Agency Number Policy Effective Date ~PP20 6752 915 Dl 0'7 65330 02/01/20Z4 Policy Expiration Date Date Account Number 02/0 1/202~· 02/01/202 4 20017633 Named Insured Agency Issuing Company L. E. Lacy Comp any , Ltd. BOWEt·l MICLETTE & BRITT f'.MERISiJP,E I NSURA:~C E LLC COMP.l\NY A. SECTION II -WHO IS AN INSURED is amended to add as an additional insured: 1. Any person ororganization with whom you have agreed in a "written agreement" that such person or organization be added as an additional insured on this policy, and any other person or organization you are required to add as an additional insured under such "written agreement". 2, If "your work" began under a written letter of intent or written work order, any person or organization who issued the written letter of intent or written work order, but a. such coverage will apply only for 30 calendar days following the date the written letter of intent or written work order was issued; and b. the person or organization is an additional insured only for, and to the extent of, liability arising out of "bodily injury", "property damage", or 'personal and advertising injury" caused, in whole or in part. by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the written letter of intent or written work order. This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. For the purposes of the coverage provided by this endorsement, a "written agreement" means a written contract or written agreement that: 1. requires you to include a person or organization as an additional insured for a period of time during the policy period; and 2. is executed prior to the occurrence of "bodily injury". "property damage", or "personal and advertising injury" that forms the basis for a claim under this policy. The insurance provided by this endorsement does not apply to any person or organization that is specifically listed as an additional insured on another endorsement attached to this policy. CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc, with its permiss1on Page 1 of 3 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F Policy Number: CPP20675291501 Effective Date: 02/01/2024-02101/2025 B. The coverage provided to any person or organization added as an additional insured pursuant to Paragraph A.1 is limited as follows: 1. If the "written agreement" specifically and exclusively requires you to name the person or organization as an additional insured using the ISO CG 20 10 endorsement with edition dates of 11 85 or 10 01, or the ISO CG 20 37 10 01 endorsement, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" for that insured by or for you. 2. If the "written agreement" requires you to name the person or organization as an additional insured using the ISO CG 20 10 and or CG 20 37 endorsements without specifically and exclusively requiring the 11 85 or 10 01 edition dates, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part. by your acts or omissions or the acts or omissions of those acting on your behalf. 3. If the "written agreement" requires you to name the person or organization as an additional insured for operations arising out of your work and does not specify an ISO additional insured endorsement, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" arising out of your acts or omissions, or the acts or omissions of others working on your behalf, in the performance of your work as specified in the "written agreement". This coverage does not apply to liability arising out of the sole negligence of the additional insured unless specifically required in the "written agreement". 4. If none of the above paragraphs apply, then the person or organization is an additional insured only for, and to the extent of, liability arising out of "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the "written agreement". This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. However, the insurance afforded to such additional insured only applies to the extent permitted by law. C. The insurance provided to an additional insured under this endorsement does not apply to: 1. "Bodily injury" or "property damage" included in the "products-completed operations hazard" unless the "written agreement" specifically requires such coverage (including by specifically requiring the CG 20 10 11 85). To the extent the "written agreement" requires such coverage for a specified amount of time, the coverage provided by this endorsement is limited to the amount of time required for such coverage by the "written agreement". 2. "Bodily injury", "property damage". or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render. any professional services, including but not limited to: a. The preparing, approving, or failing to prepare or approve: {1) Maps; (2) Drawings; (3) Opinions; (4) Reports; (5) Surveys; (6) Change orders; CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc .. with its permission Page 2 of 3 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F Policy Number: CPP20675291501 Effective Date: 02/01/2024-02/0112025 (7) Design specifications; and b. Supervisory, inspection, or engineering services. D. The limits of insurance that apply to the additional insured are the least of those specified in the "written agreement" or declarations of this policy. Coverage provided by this endorsement for any additional insured shall not increase the applicable Limits of Insurance shown in the Declarations. The limits of insurance that apply to the additional insured are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. E. With respect to the coverage provided by this endorsement, SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. a. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: (1) Primary; (2) Excess; (3) Contingent; or (4) On any other basis. In addition, this insurance is excess over any self-insured retentions. deductibles, or captive retentions payable by the additional insured or payable by any person or organization whose coverage is available to the additional insured. However, if the "written agreement" requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative only to the other insurance available to the additional insured which covers that person or organization as a Named Insured. and we will not share with that other insurance. For any other insurance available to the additional insured where that person or organization is not a Named Insured, this policy will share coverage with that other insurance based on the terms specified in Paragraph b. Method of Sharing below. b. Method of Sharing If all the other insurance permits contribution by equal shares. we will follow this method also. Under this method, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains. whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 3 of 3 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F AGENCYCUSTOMERID:~L~H~LA~C~Y~C~O~M~P~-------------------------- LOC#: ____________ ___ ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Bowen. Miclette & Britt Insurance Agency, LLC LH Lacy Company, Ltd. PO Box 541297 POUCY NUMBER Dallas TX 75354 CARRIER I NAICCODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability: Blanket additional insured Ongoing Operations per form # CG7324 03/23 Blanket additional insured Completed Operations per form # CG7324 03/23 Blanket waiver of subrogation per form #CG 70 63 04 17 Blanket primary/non-contributory per form# CG7324 03/23 Automobile: Blanket additional insured per form #CA 71 18 11 09 Blanket waiver of subrogation per form #CA 71 18 11 09 Blanket primary/non-contributory per form #CA 71 65 10 07 Worker's Compensation: Blanket waiver of subrogation per form #WC 42 03 04 B Umbrella Liability: Blanket additional insured per form# CU0001 04/13 Blanket waiver of subrogation per form # CU0001 04/13 Blanket primary/non-contributory per form# CU7467 03/23 2nd Layer Excess Liability: Blanket additional insured per form #TAU 9500 11 97 Blanket waiver of subrogation per form# TAU 9999 11 97 Blanket primary/non-contributory per form# TAU 9999 11 97 3rd Layer Excess Liability: Blanket additional insured per form #XP 00 01 05 14 Blanket waiver of subrogation per form #XP 00 91 10 16 Blanket primary/non-contributory per form #XP 01 65 02 14 Project: Utility and Paving Improvements for Sagebrook Ph 2 & 2B Page of ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET FLEX ADDITIONAL INSURED ENDORSEMENT-FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number Agency Number Policy Effective Date CPP20675291501 07 65330 02/01/2024 Policy Expiration Date Date Account Number 02/01/2025 02/01/2024 20017633 Named Insured Agency Issuing Company L. H. Lacy Compa ny , Ltd. BOWEN MICLETTE & BRITT AMERISURE I NSURANCE LLC COMPANY A. SECTION II-WHO IS AN INSURED is amended to add as an additional insured: 1. Any person ororganization with whom you have agreed in a "written agreement" that such person or organization be added as an additional insured on this policy, and any other person or organization you are required to add as an additional insured under such "written agreement". 2. If "your work" began under a written letter of intent or written work order, any person or organization who issued the written letter of intent or written work order, but: a. such coverage will apply only for 30 calendar days following the date the written letter of intent or written work order was issued; and b. the person or organization is an additional insured only for, and to the extent of, liability arising out of "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the written letter of intent or written work order. This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. For the purposes of the coverage provided by this endorsement, a "written agreement" means a written contract or written agreement that: 1. requires you to include a person or organization as an additional insured for a period of time during the policy period; and 2. is executed prior to the occurrence of "bodily injury", "property damage", or "personal and advertising injury" that forms the basis for a claim under this policy. The insurance provided by this endorsement does not apply to any person or organization that is specifically listed as an additional insured on another endorsement attached to this policy. CG 73 24 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 1 of 3 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F Policy Number: CPP20675291501 Effective Date: 02/0 1/2024-02/01/2025 B. The coverage provided to any person or organization added as an additional insured pursuant to Paragraph A.1 is limited as follows: 1. If the "written agreement" specifically and exclusively requires you to name the person or organization as an additional insured using the ISO CG 20 10 endorsement with edition dates of 11 85 or 10 01, or the ISO CG 20 37 10 01 endorsement, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" for that insured by or for you. 2. If the "written agreement" requires you to name the person or organization as an additional insured using the ISO CG 20 10 and or CG 20 37 endorsements without specifically and exclusively requiring the 11 85 or 10 01 edition dates, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. 3. If the "written agreement" requires you to name the person or organization as an additional insured for operations arising out of your work and does not specify an ISO additional insured endorsement, that person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" arising out of your acts or omissions, or the acts or omissions of others working on your behalf, in the performance of your work as specified in the "written agreement". This coverage does not apply to liability arising out of the sole negligence of the additional insured unless specifically required in the "written agreement". 4. If none of the above paragraphs apply, then the person or organization is an additional insured only for, and to the extent of, liability arising out of "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions, or the negligent acts or omissions of others working on your behalf, in the performance of your work as specified in the "written agreement". This coverage does not apply to liability arising out of the independent acts or omissions of the additional insured. However, the insurance afforded to such additional insured only applies to the extent permitted by law. C. The insurance provided to an additional insured under this endorsement does not apply to: 1. "Bodily injury" or "property damage" included in the "products-completed operations hazard" unless the "written agreement" specifically requires such coverage (including by specifically requiring the CG 20 10 11 85). To the extent the "written agreement" requires such coverage for a specified amount of time, the coverage provided by this endorsement is limited to the amount of time required for such coverage by the "written agreemenf'. 2. "Bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: a. The preparing, approving, or failing to prepare or approve: CG 73 24 03 23 (1) Maps; (2) Drawings; (3) Opinions; (4) Reports; (5) Surveys; (6) Change orders; Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 2 of3 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F (7) Design specifications; and b. Supervisory, inspection, or engineering services. Policy Number: CPP20675291501 Effective Date: 02/01/2024-02/0112025 D. The limits of insurance that apply to the additional insured are the least of those specified in the "written agreement" or declarations of this policy. Coverage provided by this endorsement for any additional insured shall not increase the applicable Limits of Insurance shown in the Declarations. The limits of insurance that apply to the additional insured are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. E. With respect to the coverage provided by this endorsement, SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance is deleted and replaced with the fOllowing: 4. Other Insurance. a. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: (1) Primary; (2) Excess; (3) Contingent; or (4) On any other basis. In addition, this insurance is excess over any self-insured retentions, deductibles, or captive retentions payable by the additional insured or payable by any person or organization whose coverage is available to the additional insured. However, if the "written agreement'' requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative only to the other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. For any other insurance available to the additional insured where that person or organization is not a Named Insured, this policy will share coverage with that other insurance based on the terms specified in Paragraph b. Method of Sharing below. b. Method of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this method, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. CG 7324 03 23 Includes copyrighted material of the Insurance Services Office, Inc., with its permission Page 3 of3 DocuSign Envelope ID: D90A9D18-E2F7-4AC0-90DF-47FFB8640A5F